How to apply for probate in South Australia
Applying for probate involves the Supreme Court Probate Registry. Here's the full process, timeline, and costs.
You apply for probate in South Australia at the Probate Registry of the Supreme Court. The application requires the original will, a death certificate, an executor's oath, and an inventory of assets. The process typically takes 4 to 8 weeks once the complete application is filed.
Before you apply
Gather the original will, a certified death certificate, and a list of the deceased's assets and liabilities. Banks, share registries, and super funds typically issue written confirmation of holdings.
The executor named in the will makes the application. If multiple executors are named, they usually apply together.
What the application includes
The application (Form 107), executor's oath, inventory of assets, the original will, death certificate, and any supporting affidavits (where witnessing issues need to be explained). Most executors engage a solicitor to prepare the documents.
Filing fees are published by the Supreme Court and scale with the estate value.
The review process
The Probate Registry reviews the application for compliance. Common issues – missing executor signatures, unsigned will pages, unclear identity of beneficiaries – are raised by requisition, which requires a reply before the grant issues.
Clean applications typically issue in 4-6 weeks. Applications with requisitions can take 2-4 months.
After probate is granted
The executor uses the grant to transfer assets, close accounts, settle debts, file tax returns, and distribute the estate. Most estates are fully administered within 6-12 months of probate.
Summary
Applying for probate involves the Supreme Court Probate Registry. Here's the full process, timeline, and costs.
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Disclaimer: This article is general information only and does not constitute legal advice. Estate planning is deeply personal - every family's circumstances are different. For advice specific to your situation, please contact Rosewood Succession Solicitors.